Attorney General Josh Stein Urges Supreme Court to Uphold Federal Ghost Gun Laws

For immediate publication:
Wednesday, July 3, 2024

Contact:
Nazneen Ahmed (919) 716-0060

(RALEIGH) Attorney General Josh Stein today urged the U.S. Supreme Court to uphold a federal law that regulates ghost guns—untraceable weapons often manufactured at home from kits—like other firearms. In an amicus curiae brief filed in Garland v. VanDerStokAttorney General Stein and a coalition of 24 attorneys general appealed to the Supreme Court to reverse a lower court ruling that struck down the ghost gun law, arguing that the law is a reasonable measure to prevent gun violence and help law enforcement solve crimes.

“Ghost guns are weapons and must be regulated as such,” said Attorney General Josh Stein. “We cannot allow dangerous people to exploit this loophole to obtain dangerous weapons and put our people in harm’s way.”

States have reported an increase in the number of untraceable, non-serial-marked ghost guns recovered by law enforcement. North Carolina saw a more than 1,700 percent increase in the number of ghost guns recovered between 2020 and 2023. Without federal regulation, these dangerous weapons have proliferated, even in jurisdictions that have attempted to regulate ghost guns themselves.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued a final regulation to combat this growing problem, clarifying that the Gun Control Act of 1968 (GCA) applies to key components of ghost guns, including gun kits and partially complete frames and receivers. The GCA is a long-standing federal law that regulates the possession and sale of guns and protects guns from people who shouldn’t have them, including people with felony convictions, domestic violence perpetrators, and children. The ATF clarified that the definition of “firearm” includes kits and parts that can be easily converted into a fully functional firearm. This common-sense clarification does not ban gun kits. Instead, it subjects kits and nearly complete guns to the same rules as conventionally manufactured firearms—including serial number and background check requirements.

The rule was challenged, and the Fifth Circuit Court of Appeals found it to be an impermissible extension of the GCA — although the court allowed it to remain in effect pending an appeal. That case, Garland v. VanDerStokwill be considered by the Supreme Court in the next term.

Attorney General Stein and the coalition urge the Supreme Court to uphold the ATF’s ghost gun regulations, arguing that their repeal would harm public safety and impede law enforcement. The attorneys general describe how the rule is consistent with the text, history, and purpose of the GCA and demonstrate that the Fifth Circuit’s decision was flawed. They argue that the rule is necessary to close a dangerous loophole and prevent people who are prohibited from possessing firearms from circumventing the law—something they were able to do before gun kits were subject to the same rules as other firearms. The coalition also shares early evidence that the rule is already improving public safety: Many jurisdictions have seen a decline in the number of ghost gun recoveries since the rule took effect in 2023.

Attorney General Stein was joined by the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, the District of Columbia, and the Northern Mariana Islands.

A copy of the abstract can be found here.

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